Terms and Conditions for Affiliates

Introduction

The Terms and Conditions for Affiliates constitute a legal agreement between Para Bellum Wargames Ltd. (The Company) and you (the Affiliate) so PLEASE READ THIS CAREFULLY. It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible. The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”).  These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

Please keep in mind that we may update these terms from time to time. We may even choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of another program. Should these Terms and Conditions change or be updated, you will be informed via electronic means, which may include an email or a message to your account through our E-Shop. If you don’t agree to the update or replacement, you can choose to terminate your participation from the Affiliate Program, following the process described below.

These Terms and Conditions apply to you becoming an affiliate in the Company’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between the Affiliate’s web site/blog/video blog/forum and other similar media (hereinafter “the Website”) and the Company’s E-Shop.

1. Overview

These Terms and Conditions apply to you becoming an affiliate in the Company’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between the Affiliate’s web site/blog/video blog/forum and other similar media (hereinafter “the Website”) and the Company’s E-Shop.

The Company’s Affiliate Program is free and enables members to earn revenue by placing a link or links on their website which advertises Para Bellum products. Any sales made to customers who have clicked on those links will earn the affiliate a commission on the final basket price – excluding shipping. The standard commission rate currently is 15%.

2. Obligations of the Affiliate

2.1. In order to be included in our Affiliate Program, an aspiring Affiliate must complete the application process, through their User Page on the Company’s E-shop. The Company may reject an application at its sole discretion. The Company may further cancel an application or terminate an Affiliate if it determines that the Affiliate’s site is unsuitable for the Program, including, but not being limited to, if the Website promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, illegal activities, if it incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law or if it is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in the Company’s sole discretion, if it contains, promotes or has available for download software that is harmful or enables diversions of commission from other affiliates in the Program. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are part of the Company or its affiliated companies or any other affiliated business. That not-withstanding, the Company has no responsibility to monitor nor does it have any liability should the Affiliate use their Website for such a purpose or in such a manner.
2.2. As an Affiliate you will have access to the Affiliate tab on your E-Shop profile page. There you will be able to review your Affiliate details, download HTML code, links and marketing banners, as well as obtain codes for our coupons. In order for the Company to accurately keep track of all guest visits and purchases from the Affiliate’s site to the E-Shop, the Affiliate must use the HTML code and links that the Company provides for each banner, text link, or other affiliate link the Company provides the Affiliate with.
2.3. The Company has no responsibility to monitor, maintain or in any way interfere with the Affiliate’s Website and the maintenance, update and even contents of the Website are entirely the responsibility of the Affiliate. The Company may monitor the Website as it feels necessary to make sure that it is up-to-date and complies with all the rules mentioned herein concerning of its content and uses, in relation to this agreement.
2.4. The Affiliate is entirely and exclusively responsible in terms of any and all intellectual property and similar laws that pertain to the Affiliate’s Website. The Affiliate must have express permission to use any person's or entity’s copyrighted material, such as writings, images, or any other copyrightable work or trademarks. The Company is not responsible if the Affiliate use materials, intellectual properties or trademarks in violation of the law or any third party rights.
2.5. The Links, HTML and banners, as well as any other such materials provided by the Company’s Affiliate Program, are the exclusive methods of the Affiliate Program and they must be used exclusively in Websites under the direct control of the Affiliate. Any promotional efforts and campaigns by the Affiliate must first direct the traffic from such campaigns to their own website prior to re-directing it to the Company’s E-Shop.
2.6. The Affiliate may not bid in search engine websites, platforms and similar pages and programs on search terms unique to the Company’s product line, be it in terms relating to an individual product or the brand as a whole, without the prior express and written permission of the Company.

3. Obligations of the Company

3.1. The Company has the right to monitor the Affiliate’s Website at any time to determine if the Affiliate is following the terms and conditions of this Agreement. The Company may notify the Affiliate of any changes to their site that the Company feels should be made, or to make sure that the links to the Company’s E-Shop are appropriate. Should such changes that the Company feels necessary not be made, the Company reserves the right to terminate the Affiliate’s participation in the Affiliate Program.
3.2. The Company reserves the right to terminate this Agreement and the Affiliate’s participation in the Affiliate Program immediately and without notice to the Affiliate should the Affiliate engage in acts of fraud in their use of the Affiliate Program or should the Affiliate abuse said program in any way. Should such fraud or abuse be detected, the Company shall not be liable to the Affiliate for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

4. Termination

Both the Company and the Affiliate may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by the Affiliate.

5. Modification

The Company may modify any of the terms and conditions in this Agreement at any time at its sole discretion. Should such changes be made, the Affiliate will be notified by email or the e-shop messaging platform. Modifications may include, but are not limited to, changes in the payment procedures and the Affiliate Program rules. If any modification is unacceptable to the Affiliate, the Affiliate may end this Agreement. A continued participation in the Affiliate Program following the posting of the change notice or new Agreement on the Company’s site will indicate that the Affiliate agreement to the changes.

6. Payment

Any sales made to customers who have clicked on the links provided by the Company to the Affiliate will earn the affiliate a commission of 15% on the final basket price - excluding shipping. Please note that the final basket price takes into account any offers, sales etc. which may also be offers provided to the end-customer through the links provided to the Affiliate. The earned commission can be viewed by the Affiliate on his Affiliate Options tab of his profile in the Company’s E-Shop. While withdrawals can be requested by the Affiliate at any time, the Company will process all payments on the 15th of every month. Payments to be made by the 15th of any month should be requested until the 13th of the same month. Any charge for the transaction will be assumed by the company assuming a minimum amount of 100USD/EUR is requested. Charges for requests for payment below this amount will be deducted by the Affiliate’s payment.
Payments will be processed through PayPal. Alternatively, the Affiliate may choose to use the amount of his commission as a flat reduction on the price of purchases of the Company’s products through the Company’s E-Shop. The Affiliate has to clarify which payment option he chooses when he requests the withdrawal.

7. Restrictions in Promotions

7.1. The Affiliate is free to promote their own Website(s), however any promotion that mentions the Company could be perceived by the public or the press as a joint effort. For this reason the Affiliate must clearly represent themselves and their Website as independent from the Company.
7.2. Please not that certain types of advertising, such as "spamming", unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once, are unacceptable to the Company and could cause damage to the Company’s name. In addition, any advertising must be done in such a manner so as to not effectively conceal or misrepresent the Affiliate’s identity, the Website’s domain name, or the Affiliate’s return email address. All e-mail promotions should be done in accordance with GDPR (Regulation (EU) 2016/679 ), for instance when the recipient is already a customer or subscriber of the Affiliate’s services or web site, they have expressly agreed to receive such promotions and the option to remove themselves from future mailings is provided easily and openly. The Affiliate may post to newsgroups, forum, social media pages and groups etc. to promote the Company, on the express condition that said platforms specifically welcomes or allows commercial messages.
7.3. Please note that some countries require that participation to an Affiliate Marketing program must be expressly and clearly communicated to the customers. The Affiliate has a responsibility to be aware of such legislation and the Affiliate is solely responsible in following them. The Company bears no liability in case of any fines, losses or other damages the Affiliate may suffer from the Affiliate’s failure to follow and abide to such legislation.
7.4. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as merchant.com, merchant, www.merchant, www.merchant.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Merchant’s Affiliate Program. The Company will do everything possible to contact the affiliate prior to the ban, it reserves the right, to expel any trademark violator from the Affiliate Program without prior notice, and on the first occurrence of such PPC bidding behavior.
7.6. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Merchant’s service).
7.7. The Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Merchant.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Merchant.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

8. Grant of Licenses

8.1. The Company grants to the Affiliate a non-exclusive, non-transferable and revocable right to:
(i) access and provide access our site through HTML links solely in accordance with the terms of these Terms and Conditions.
(ii) to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose, solely in connection with such links. The Affiliate is entitled to use the Licensed Materials only to the extent that the Affiliate is a member in good standing of the Company’s Affiliate Program. The Affiliate agrees that all uses of the Licensed Materials will be on behalf of the Company and the good will associated therewith will inure to the sole benefit of the Company.
8.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

9. Disclaimer

THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ITS SERVICE AND E-SHOP OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF THE COMPANY’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OF ITS SITE AND E-SHOP WILL BE UNINTERRUPTED OR ERROR FREE, AND THE COMPANY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

10. Representations and Warranties

The Affiliate represents and warrants that:
10.1. This Agreement has been duly and validly executed and delivered by the Affiliate and constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms;
10.2. The Affiliate has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform the Affiliate’s obligations under this Agreement, without the approval or consent of any other party;
10.3. The Affiliate has sufficient right, title, and interest in and to the rights granted to the Company in this Agreement.

11. Limitations of Liability

THE COMPANY WILL NOT BE LIABLE TO THE AFFILIATE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY'S CUMULATIVE LIABILITY TO THE AFFILIATE ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO THE AFFILIATE UNDER THIS AGREEMENT.

12. Indemnification

You hereby agree to indemnify and hold harmless the Company, along with its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that the Company’s use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein, or (iii) any claim related to the Affiliate’s Website, including, without limitation, content therein not attributable to the Company.

13. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

14. Miscellaneous

14.1. The Affiliate agrees that the Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and the Company. The Affiliate will have no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate will not make any statement, whether on the Affiliate’s Website or any other of the Affiliate’s websites, blogs etc or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. This Agreement shall be governed by and interpreted in accordance with the laws of Greece without regard to the conflicts of laws and principles thereof.
14.4. The Affiliate may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. These Terms and Conditions represent the entire agreement between the Affiliate and the Company, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Register

New Account Register

For B2B registration, please click below:

Already have an account?
Log in instead Or Reset password